******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) ILLINOIS BELL TELEPHONE COMPANY, ) INDIANA BELL TELEPHONE COMPANY, ) MICHIGAN BELL TELEPHONE COMPANY, ) THE OHIO BELL TELEPHONE COMPANY, and ) WISCONSIN BELL, INC., ) ) Complainants, ) ) v. ) File No. E-97-34 ) AT&T CORP., ) ) Defendant. ) ORDER Adopted: August 27, 1997 Released: August 28, 1997 By the Chief, Formal Complaints and Investigations Branch, Enforcement Division, Common Carrier Bureau: 1. On June 9, 1997, the above-captioned complainants filed the above-captioned complaint against AT&T Corp. (AT&T), alleging that AT&T unlawfully used billing name and address (BNA) information for marketing purposes in connection with a sales contact. The complaint was served on AT&T on July 1, 1997, and answered by AT&T on July 31, 1997. On August 15, 1997, the complainants filed a motion to withdraw their complaint without prejudice, based on information obtained in AT&T's answer. AT&T filed a response to the motion on August 18, 1997, stating that it did not oppose the motion to withdraw. 2. We are satisfied that granting, in part, the complainants' motion to withdraw their complaint will serve the public interest by eliminating the need for further litigation and the expenditure of further time and resources by the parties and by the Commission. The complainants move to withdraw the complaint without prejudice to their rights to refile in the event new information indicates that AT&T has unlawfully misused BNA. We find that the complainants have not presented sufficient grounds to show that dismissal without prejudice would serve the public interest. We therefore dismiss the complaint with prejudice. 3. Accordingly, IT IS ORDERED, pursuant to Sections 1, 4(i), 4(j), and 208 of the Communications Act of 1934, as amended, 47 U.S.C.  151, 154(i), 154(j), 208, and the authority delegated in Sections 0.91 and 0.291 of the Commission's rules, 47 C.F.R.  0.91, 0.291, that the complainants' motion to withdraw the above-captioned complaint IS GRANTED to the extent indicated herein and is otherwise denied. 4. IT IS FURTHER ORDERED that the above-captioned complaint IS DISMISSED WITH PREJUDICE and that this proceeding IS TERMINATED. FEDERAL COMMUNICATIONS COMMISSION Kurt A. Schroeder Chief, Formal Complaints and Investigations Branch Enforcement Division Common Carrier Bureau